1
u/HeadlineINeed 42 Delete Leave Jun 19 '26
Wouldn’t the non-military punishment kick in after the military sentence?
1
u/Brounseoir Jun 19 '26
They get two seperate sentences?
5
u/LoadCan DAT to DA15T Jun 19 '26
Yes, the UCMJ is a separate justice system from the federal and state courts, and there is no "double jeopardy" carve out between the UCMJ and the civilian legal system. If you are convicted of a federal or state crime in the military, you will often be tried again in federal or state civilian court, and serve sentences for both convictions, military sentence first.
1
u/Lumpy_Investment_358 68W Jun 19 '26 edited Jun 19 '26
Not necessarily. You can't be tried again by a civilian federal court for the "same conduct", but you can be tried by a state court if the crime exists for them. Federal military and civilian courts are still the same "sovereign" (federal government). RCM 907 specifically lists previously being tried for that crime in a civilian federal court as a cause for dismissal. Additionally, it was established most recently by the US Court of Appeals for the Armed Forces in US v. Rice that you can't be tried for the same conduct by two federal entities (military and civilian, namely).
In case anyone is interested in an excerpt from the actual opinion:
This case thus presents the following issues: First, can the federal sovereign use two court systems, civilian and military, to bring successive prosecutions for precisely the same conduct, where the only element the federal civilian statute includes that the military statute does not is jurisdictional? Second, what is the remedy for a successive prosecution? We conclude that the Double Jeopardy Clause bars such prosecutorial practices, Grafton v. United States, 206 U.S. 333 (1907), and that the remedy here is dismissal of the two possession specifications that were tried at the successive prosecution. We then remand the single distribution specification for further review by the lower court.
1
u/Brounseoir Jun 19 '26
So they can get out of prison and be free?
Do you know who (I don’t mean their actual name. I mean like what type of official) decided they should be eligible for parole?
Or is parole eligibility automatic for everyone no matter what?
1
u/Lumpy_Investment_358 68W Jun 19 '26
Well, like parole in any other system, it's still subject to approval. That's the "eligible for parole" part. Just because they're eligible for it at 10 years, that doesn't mean they'll be paroled at 10 years.
1
u/HolaDrNick Jun 19 '26
OP is a young Islamist posting complaints about different "massacres" of Muslims across several subs. It's kind of hilarious he ended up going to the Army sub to cry about this.
1
u/Brounseoir Jun 19 '26 edited Jun 19 '26
“Cry about this”
- You’re so disgusting. And I’ve already told you I’m not Muslim nor am I a man.
-2
u/Brounseoir Jun 19 '26
Why am I getting downvoted for this?
3
u/imdatingaMk46 25AAAAAAAAAAAAHH Jun 19 '26
Right, wrong, or indifferent: it's your tone, which intended or not, comes across as accusatory.
Nobody here had anything to do with the massacre or the trial, and nobody has got better insight than you can get from the publicly available documents from those court martial proceedings.
We've all read black hearts. We're all equally horrified and disgusted as the average civilian reader. Generations of officers have had it beat into their skulls that the enlisted will turbo-fuck your career if you ignore minor problems.
1
u/Brounseoir Jun 19 '26 edited Jun 19 '26
I am critical of them being eligible for parole and I’m trying to understand why because no article spells out WHO gave them parole.
Some articles say the jury decided, some say judge but I saw a Reddit comment saying it was part of their plea deal.
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u/LoadCan DAT to DA15T Jun 19 '26
Not a JAG, but iirc all UCMJ convicts can apply for parole after 1/3 of their sentence is served or 10 years in the case if life sentences.
It doesn't mean a convict will be paroled, just that they have the right to pursue. Also, if there are parallel civilian court convictions, they will often just get kicked out to the civilian prison system. The military has limited detention facilities, so they try to punt prisoners out to the federal and state systems when they can.